The Basic Principles of my country’s Trademark Law

The basic principles of the “Trademark Law” refer to the basic principles that should be followed in the process of establishing and protecting trademark rights. my country’s “Trademark Law” The Law has the following six basic principles:

1. Registration Principles

Registration is a process of confirming the ownership of the exclusive right to trademark. The trademark laws of various countries around the world use the following methods to confirm the exclusive right to use a trademark: There are two basic principles, one is the registration principle, and the other is the use principle. The so-called registration principle means that the exclusive right of a trademark is obtained through registration. Regardless of whether the trademark is used or not, as long as it complies with the provisions of the Trademark Law, after the registration is approved by the trademark authority, The applicant obtains the exclusive right of the trademark and is protected by law. The principle of use means that a trademark can generate rights through use. According to this principle, the first user can obtain the exclusive right of the trademark. Article 3 of my country's Trademark Law It stipulates: "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." It can be seen that my country's Trademark Law adopts the registration principle.

2. The first-to-file principle

The first-to-file principle is one of the important procedural principles derived from the registration principle. Since the exclusive right to trademark is generated based on registration, and in the same It is not always the same person who applies for registration of an identical or similar trademark on a product or similar product. Therefore, it is an effective method to determine who owns the exclusive rights to the trademark based on the time when the application is submitted. Article 18 of the Trademark Law stipulates: “If two or more applicants apply for registration of identical or similar trademarks on the same goods or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced. ". This is the first-to-file principle. According to this principle, even if a trademark has been used for many years, if it does not apply for registration in time, it will lose the opportunity to register because someone else applied first, and will not get the exclusive right to the trademark. Of course, Sometimes the first-to-file principle does not work. When more than two trademarks apply for registration on the same day, other methods must be used to determine the ownership of the exclusive right. Therefore, Article 18 also stipulates, " If the application is made on the same day, the trademark with the first use will be initially reviewed and announced, and the application of other people will be rejected and will not be announced." This shows that on the premise of adopting the first-to-file principle, we also use first-to-use as an appropriate supplement. .

3. The principle of good faith

The principle of good faith is a basic principle in the field of civil law, and its legal expression is stipulated in Article 4 of the "General Principles of Civil Law": "Civil Activities should follow...the principle of good faith."

The principle of good faith requires civil subjects to maintain a balance of interests between the parties in civil activities, as well as a balance between the interests of the parties and the interests of society. In the interest relationship between parties, the principle of good faith requires respecting the interests of others and treating other people's affairs as your own, so as to ensure that all parties in the legal relationship can get the benefits they deserve and must not benefit themselves at the expense of others. When special circumstances occur When the interest relationship between the parties is out of balance, adjustments should be made to restore the balance of interests, thereby maintaining a certain social and economic order. In the interest relationship between the parties and society, the principle of good faith requires that the parties shall not cause harm through their own civil activities. The interests of third parties and society must exercise their rights within the legal scope of rights and in a manner consistent with their socioeconomic purposes.

Although the current Trademark Law does not explicitly use the concept of "good faith", its many provisions on the establishment, exercise and protection of trademark rights reflect the basic spirit of the principle of good faith. For example, " Articles 6, 31 and 34 of the Trademark Law stipulate that "the conduct of deceiving consumers shall be prevented"; Article 8(8) shall not use "exaggerated publicity and deceptive information" "Provisions on the act of registering words or graphics as trademarks; Article 27 on the act of "obtaining registration by deception or other unfair means"; Articles 38, 39 and 40 on "infringement" The regulations on behaviors that should be punished for "exclusive rights to register trademarks" all reflect the spirit of the principle of good faith. Article 25 of the "Implementing Rules of the Trademark Law" clearly states that "violating the principle of good faith, copying, imitating, translating" "The act of registering another person's trademark that is already well-known to the public" is interpreted as the act of obtaining registration by deception or other unfair means as specified in Article 27, Paragraph 1, of the Trademark Law. It can be seen that good faith As a basic principle in the entire field of civil law, the principle plays an important role in the Trademark Law. Although we have not paid due attention to it as a basic principle of the Trademark Law in theory in the past, in the case of trademark In practical activities such as the establishment, management and protection of rights, we actually follow it as a basic principle.

4. The principle of voluntary registration.

The so-called "voluntary registration principle" means that whether or not to register a trademark used by an enterprise is completely decided by the enterprise. Article 4 of the "Trademark Law" stipulates that enterprises, institutions and individual industrial and commercial persons must If the goods produced, manufactured, processed, selected or distributed, or the services provided need to obtain exclusive rights to trademarks, they should apply to the Trademark Office for registration of commodity trademarks or service marks. If the enterprise does not need or does not plan to obtain exclusive rights to trademarks for the time being, If you have the right, you do not need to register it. The registered trademark is allowed to be used, but the user does not have exclusive rights and cannot prohibit others from using it.

Corresponding to the principle of voluntary registration is the principle of compulsory registration or the principle of comprehensive registration. From 1957 to February 1983, our country implemented the principle of comprehensive registration, which required enterprises to use trademarks on their goods. To use a trademark, all trademarks used must be registered. This principle mainly focuses on the word "management" and is not conducive to revitalizing the economy. At present, except for a few countries that still implement compulsory registration, most countries in the world implement voluntary registration in principle.

Strictly speaking, our country does not implement the principle of voluntary registration in a pure sense, but still implements the principle of compulsory registration for trademarks of a very small number of goods under the premise of the principle of voluntary registration. Article 1 of the "Trademark Law" Article 5 stipulates: “For goods that must use registered trademarks as stipulated by the state, they must apply for trademark registration. If the registration is not approved, they shall not be sold in the market.” Article 7 of the “Trademark Law Implementing Rules” further stipulates: “The state stipulates and shall be governed by the State Industry and Commerce Bureau. Human medicines and tobacco products announced by the administrative bureau must use registered trademarks." Compulsory registration for some products that are closely related to people's health is a feature of my country's Trademark Law.

5. Principles of centralized registration and hierarchical management

Centralized registration and hierarchical management are one of the outstanding features of my country’s trademark legal system. According to the characteristics of the market economy and the trademark itself, trademark registration The division of departments and regions should be broken, and the Trademark Office should be responsible for the review, approval and registration of trademarks. To this end, Article 2 of the Trademark Law stipulates: “The Trademark Office of the State Administration for Industry and Commerce shall be responsible for the national trademark registration and management. This determines that the Trademark Office of the State Administration for Industry and Commerce is responsible for handling the nationwide trademark registration work. No other agency has the right to handle trademark registration, clarifying the principle of centralized registration. Hierarchical management refers to the industrial and commercial administration at all levels. Administrative agencies carry out trademark management work in their regions in accordance with legal provisions. Implementing hierarchical management is conducive to closely integrating trademark management work with local actual conditions and making trademark administrative work regular and institutionalized.

6. The principle of parallel administrative protection and judicial protection

This is another prominent feature of my country's trademark legal system. The "Trademark Law" stipulates that for trademark infringement, the infringed A person may choose to have the case handled by the industrial and commercial administration authorities, or he may file a lawsuit with the People's Court. If the infringed party files a complaint to the industrial and commercial administrative authorities, the industrial and commercial administrative authorities may order the infringer to do so based on the valid evidence provided by the infringed party or the evidence obtained during its own investigation. The infringer shall immediately stop his infringement and compensate the infringed party for his losses, and may also impose a fine on him. If the party concerned is dissatisfied with the penalty decision made by the industrial and commercial administrative agency, he may file a lawsuit in the People's Court. The principle of parallel protection shall be settled by the parties. Trademark disputes provide convenience and are conducive to the protection of trademark exclusive rights.

The above six principles run through various provisions of the Trademark Law and form the basis for the protection of trademark rights in our country. Briefly describe the basic principles of trademark registration applications in my country. The first-to-file principle, also known as the first-to-register principle, means that if two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that applies first shall be The applicant can obtain the exclusive right to use the trademark, and subsequent trademark registration applications will be rejected. If the application is filed on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced. If the application is used on the same day or is not used at all, the applicants can resolve the issue through negotiation. If the negotiation fails, each applicant shall Determined by drawing lots. ?While adhering to the principle of first-to-file, my country’s trademark law also emphasizes the legitimacy of first-to-use to prevent unfair preemptive registration. Article 31 of the Trademark Law stipulates: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.

The principle of voluntary registration means that whether a trademark user applies for trademark registration depends on their own wishes. Under the principle of voluntary registration, trademark registrants have exclusive rights to their registered trademarks and are protected by law. Unregistered trademarks can be used in production services, but the user does not enjoy exclusive rights and has no right to prohibit others from using the same or similar trademarks on the same or similar goods, except for well-known trademarks.

While implementing the principle of voluntary registration, our country has stipulated the principle of compulsory registration for trademarks used on a very small number of goods as a supplement to the principle of voluntary registration. Currently, the only products that must use registered trademarks are tobacco products, including cigarettes, cigars and packaged tobacco. The production and sale of tobacco products using unregistered trademarks is prohibited.

The principle of prior use

When the principle of prior application for use cannot be determined, the principle of prior use shall be adopted in accordance with Article 29 of the Trademark Law Article: "If two or more applicants for trademark registration apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first shall be initially reviewed and announced; if the application is made on the same day, Preliminarily review and announce the previously used trademark, reject the application of others, and not announce it. "This principle often comes into play when encountering conflicts with other intellectual property rights (such as patent rights and copyrights) that are similar to trademark rights. Playing an important decisive role,

There are four basic principles for trademark registration: voluntary registration as the main principle and compulsory registration as a supplement; the principle of first application; the principle of unity of application and the principle of priority in my country What are the basic principles of criminal law?

Criminal law is one of the basic laws of the country and is the general term for laws that stipulate crimes and penalties. Specifically, it is the sum of laws that stipulate which behaviors are crimes and what punishments should be imposed on criminals according to the will of the class in order to maintain its rule.

The basic principles stipulated in our country’s criminal law are as follows.

1. The principle of statutory punishment. Article 3 of the "Criminal Law" stipulates: "If the law expressly stipulates that the act is a crime, it shall be convicted and punished in accordance with the law; if the law does not expressly stipulate that the act is a crime, it shall not be convicted and punished."

2. The principle of equality before the law. Article 4 of the "Criminal Law" stipulates: "Any person who commits a crime shall be treated equally in the application of the law. No one is allowed to have privileges beyond the law." This is the specific embodiment of the Constitution's principle of "equality before the law" in criminal law.

3. The principle of proportionality of crime and punishment.

Article 5 of the "Criminal Law" stipulates: "The severity of the penalty shall be commensurate with the crime committed by the criminal and the criminal responsibility he bears." my country's Four Basic Principles

Adhere to the socialist road and the people's democratic dictatorship , adhere to the leadership of the Communist Party of China, and adhere to Marxism-Leninism and Mao Zedong Thought. Our country's basic principles on war

We strive to maintain peace and prevent war; resolutely safeguard territorial integrity; use force when necessary to ensure the safety of the lives and property of our citizens overseas.

Try not to fight if possible. China and Japan will definitely fight. The premise is that China’s economy develops to the point where the United States does not dare to intervene